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(영문) 대구지방법원 상주지원 2017.08.22 2017고단267
교통사고처리특례법위반(치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle BK3 in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On May 26, 2017, the Defendant driven the said car under the influence of alcohol content of 0.135% during blood transfusion at around 08:30 on May 26, 2017, while driving the said car, and proceeding at a speed of about 30 km in Si/Eup/Myeon in front of 50 meters prior to the front bank of the Gyeongcheon-gun, Ycheon-gun, Ycheon-gun, Seoul Special Metropolitan City, at a speed of about 50 km in front of the front bank.

Since there are the intersections between the underground passage of the railroad crossing and the side passage in the front section, in such a case, there was a duty of care to check whether the driver is a vehicle crossing by reducing speed or temporarily stopping the vehicle and drive safely.

Nevertheless, due to the negligence of the Defendant’s neglect of alcohol and the progress of the car driving as it is, the Defendant was placed on the left side of the Dfficaury window 100 cc, which is driven by the injured party C(71 tax) who was driving on the left side from the right side of the car driving direction of the Defendant of Marina by the Defendant.

As a result, the Defendant suffered injury to the victim by occupational negligence, such as cutting off a duct and cutting off a duct which require approximately seven weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking) driven the said K3 vehicle while under the influence of alcohol with about 0.135% alcohol concentration in blood from the road in front of the dwelling of the Defendant in the Gancheon-gun, Gancheon-gun, Gancheon-gun, for about 150 meters to the road in front of the said accident site.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Each investigation report (No. 15,22 No. 5 of the evidence list);

1. 112 Report processing marks, survey reports on actual condition, and notification of the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to each of the following inquiries;

1. Article 3(1) and proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”) concerning criminal facts, the Criminal Act.

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